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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ2241828
Regular
Dec 05, 2008

LISA MANZO vs. WHITE MEMORIAL MEDICAL CENTER

The Workers' Compensation Appeals Board dismissed the employer's petition for reconsideration as it was not a final order but granted removal to rescind the WCJ's disapproval of the Stipulations. The Board found the Stipulations might be adequate despite the WCJ's concerns and ordered the matter returned to the trial level with missing documents to be filed. The employer must provide Dr. Knight's December 2006 report, its investigator's report, and the proposed Stipulations for a new decision on their adequacy.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalStipulations with Request for AwardWCJ disapprovalinadequate Stipulationsunsigned Stipulationsindustrial injuryright wristright elbow
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ9408719
Regular
Jun 21, 2017

BRIAN COLEMAN vs. DAYLIGHT FOODS, INC., HARTFORD INSURANCE COMPANY, THE COMPLETE LOGISTICS COMPANY, ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the Administrative Law Judge's order rescinding the Compromise and Release Agreement was not a final order. The Board then granted the defendant's Petition for Removal, finding it an appropriate remedy to address the situation. Consequently, the Board vacated the previous rescission order and approved the Stipulation and Award entered into by the parties on June 19, 2017. This Stipulation resolved the disputed issues for a payment of $1,000.00 to the applicant.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Rescinding Order Approving Compromise and ReleaseStipulation and AwardFinal OrderInterlocutory OrderSubstantive Right or LiabilityThreshold IssueExtraordinary Remedy
References
Case No. ADJ1745994 (LAO 0863856)
Regular
Jul 29, 2015

VLADIMIR KIRAKOSYAN vs. QUALITY SECURITY SERVICE, INC., STATE COMPENSATION INSURANCE FUND

The defendant sought reconsideration of a procedural order memorializing stipulations that took an expedited hearing off calendar. The stipulations involved authorizing medical consultations, with the defendant claiming the applicant's counsel omitted a material fact. The Appeals Board dismissed the petition for reconsideration as it was not filed from a final order. Furthermore, the petition for removal was denied, as the defendant failed to demonstrate significant prejudice or irreparable harm, and a unilateral mistake is not sufficient grounds to set aside stipulations.

Petition for ReconsiderationPetition for RemovalMinutes of HearingStipulationsDeclaration of Readiness to ProceedNon-final orderFinal orderSubstantive rightsLiabilitiesThreshold issue
References
Case No. ADJ718681 (OAK 0275118) ADJ4258102 (OAK 0275119)
Regular
Nov 03, 2011

ROBERT FERNANDEZ vs. DOC BAILEY CONSTRUCTION EQUIPMENT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a judge's order rejecting the defendant's objection to the applicant's petition to commute future benefits. The applicant had previously sustained injuries resulting in 71% permanent disability. After the judge initially approved a $50,000 commutation, the defendant filed an objection arguing it was not in the applicant's best interest. The WCAB is now rescinding the original commutation order and returning the case to the trial judge to consider a newly submitted stipulation between the parties or conduct further proceedings.

Petition for CommutationOrder Rejecting AnswerStipulations with Request for AwardPetition for ReconsiderationAnswer and ObjectionBest InterestEquitableReport and RecommendationDismiss unverifiedStipulation and Order
References
Case No. ADJ3974204
Regular
May 05, 2015

MARIA CORTINA vs. EDGEWATER CONVALESCENT HOSPITAL, EVEREST NATIONAL COMPANY

This case involves a defendant's Petition for Reconsideration challenging a WCJ's order to quash deposition subpoenas. The defendant argues they were denied due process as they received no notice of the petition and thus no opportunity to oppose it. The Appeals Board dismissed the Petition for Reconsideration because the order was not final but granted removal. The Board rescinded the WCJ's order, finding the defendant was improperly denied notice and an opportunity to be heard, and that discovery was stipulated to remain open.

Petition for ReconsiderationPetition to QuashDeposition SubpoenaProtective OrderLien ClaimantStipulationDiscoveryDue ProcessNoticeOpportunity to Be Heard
References
Case No. ADJ8050106 ADJ9468937 ADJ9154032
Regular
Nov 03, 2018

ANTONIO VAZQUEZ vs. CARSON TRAILERS, AMTRUST NORTH AMERICA

The Appeals Board dismissed the petition for reconsideration because it was taken from an interlocutory procedural order, not a final decision. The Board also denied the petition for removal, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final decision issues. The order pertains to multiple cases involving Antonio Vazquez and Carson Trailers. The WCJ's order directing the use of a specific bill reviewer was deemed an evidentiary/procedural matter.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderEvidentiary OrderProcedural OrderSubstantive RightThreshold IssueExtraordinary Remedy
References
Case No. ADJ3298152 (AHM 0079395)
Regular
Nov 30, 2018

SUSAN DEAN vs. HOMEGROCER.COM, ZURICH NORTH AMERICA

This case concerns a defendant's attempt to be released from a stipulation regarding injured body parts in a workers' compensation claim. The Workers' Compensation Appeals Board (WCAB) previously granted the applicant's petition for removal, rescinding a finding that there was good cause to release the defendant from the stipulation. The defendant then petitioned for reconsideration or removal of the WCAB's decision. The WCAB dismissed the defendant's petition for removal, finding it was not a final order. The WCAB denied the petition for reconsideration, holding that a subsequent conflicting medical opinion does not constitute good cause to set aside a stipulation and reaffirming that the defendant remains bound by the original agreement.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationStipulationGood CauseInterlocutory OrderFinal OrderJudicial AuthorityAdministrative Law JudgeSubstantial Evidence
References
Case No. ADJ455873 (LAO 0886539)
Regular
Sep 26, 2016

JAMES TOWNSEND vs. CITY OF LOS ANGELES, HARBOR DIVISION

This case concerns a lien claimant, BCP Collections, Inc., seeking reconsideration of an order denying its lien for $\$8,661.87$. The initial denial was based on BCP's alleged failure to provide proof of service for its Notice of Intention to allow the lien. However, the administrative law judge later vacated this order, recognizing proof of service had been timely filed. Consequently, the Appeals Board dismissed BCP's petition for reconsideration because the rescinded order was not a final decision. As no final determination of the lien currently exists, reconsideration is procedurally improper.

BCP CollectionsNotice of IntentionProof of ServiceEAMSLien ClaimPetition for ReconsiderationOrder Allowing LienLien ConferenceRescinded OrderAdministrative Law Judge
References
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